United States v. Jerry Wayne Mayfield

189 F.3d 895, 99 Daily Journal DAR 8919, 99 Cal. Daily Op. Serv. 6971, 1999 U.S. App. LEXIS 20184, 1999 WL 647017
CourtCourt of Appeals for the Ninth Circuit
DecidedAugust 26, 1999
Docket98-50100
StatusPublished
Cited by49 cases

This text of 189 F.3d 895 (United States v. Jerry Wayne Mayfield) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jerry Wayne Mayfield, 189 F.3d 895, 99 Daily Journal DAR 8919, 99 Cal. Daily Op. Serv. 6971, 1999 U.S. App. LEXIS 20184, 1999 WL 647017 (9th Cir. 1999).

Opinions

DOROTHY W. NELSON, Circuit Judge:

OVERVIEW

Jerry Wayne Mayfield appeals his conviction, after a joint jury trial with code-fendant Manyale Gilbert, for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). Mayfield argues that the district court abused its discretion by refusing to sever the trials despite Gilbert’s mutually exclusive defense and prejudicial evidence that was improperly elicited by Gilbert’s counsel. Although the district court’s initial denial of Mayfield’s severance motion was understandable, based on pretrial representations made by the government about the evidence that would be admitted, the district court abused its discretion when at trial it gave Gilbert’s counsel free rein to introduce evidence against Mayfield and act as a second prosecutor. Gilbert’s counsel’s trial tactics necessitated severance or some alternative means of mitigating the substantial risk of prejudice. We thus reverse and remand for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

On March 10, 1997, Los Angeles Police and FBI agents executed a search warrant at 2073 E. 102nd Street, Unit 495 in the Jordan Downs Projects in Los Angeles (“the apartment”). The officers surrounded the apartment, knocked, announced their presence, and waited 20 to 50 seconds before forcing their way in. LAPD Detective Brian Agnew entered and proceeded to the kitchen where he found Gilbert sitting in a chair at a table and holding an infant in one arm. Agnew testified that he observed Gilbert moving what appeared to be rock cocaine off a cutting board that was on the table.

LAPD Detective James Jimenez was one of the officers assigned to the rear door. While at the back door, he testified that he looked through a screen door and saw Gilbert and Mayfield sitting at a kitchen table. When Agnew began knocking, Jimenez said he saw Mayfield stand up and leave the apartment through the rear door. LAPD Officer Christian Mrakich also testified that he saw Mayfield come out of the apartment through the rear door.

The police arrested Mayfield outside the back door of the apartment. Officer Mra-kich asked Mayfield if he had any keys, and Mayfield responded that he did not. A pat-down search of Mayfield revealed keys that fit the locks to the front and rear security doors of the apartment. The search also revealed $1,929 in cash and a pager.

On the kitchen table inside the apartment, the officers discovered several clear plastic sandwich baggies, some containing pieces of rock cocaine, a razor blade, a triple-beam scale, a cutting board, and a shoe box containing a larger quantity of rock cocaine. Gilbert’s fingerprint was found on the scale. Additionally, the officers found in the kitchen a pyrex beaker with a stir stick inside and a four-month-[898]*898old phone bill addressed to Gilbert at the apartment.

After the police issued the search warrant, Gilbert was detained and made the following statement,

O.K., The guy outside is Jerry Mayfield and he is the main man. I sell for him but you can’t tell him or no one. They will kill me for sure. I ain’t going to sign nothin [sic]. I don’t know where [sic] gets the keys. I know he got a delivery today. I can’t tell you no more.

Gilbert and Mayfield were both indicted for one count of possession with the intent to distribute approximately 552.8 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). They were tried jointly. Before trial, the government indicated in its exhibit list that it intended to offer this statement of codefendant Gilbert during the joint trial. Mayfield objected to the admission of this hearsay statement, arguing that he could not receive a fair trial because he would not be able to cross-examine the declarant, Gilbert. Mayfield pointed out that if the trials were severed, the statements would only be admissible in his trial if Gilbert testified personally, thus allowing Mayfield the opportunity to cross-examine him. If the court chose to allow the statements, however, Mayfield requested that his name be redacted and that a proper limiting instruction be given.

The district court admitted the statement but agreed that Mayfield’s name should be removed and instructed the government to “clean up” the statement. On direct examination, the government elicited from the police officer that Gilbert had stated, “that he was helping an individual in the sales of cocaine.” On cross-examination, however, Gilbert’s attorney questioned the officer further about Gilbert’s statement:

Q. Did Mr. Gilbert say — after further questioning, did Mr. Gilbert say a person was the “main man”?
A. Yes.
Q. Did Mr. Gilbert use the words “main man”?
A. Yes.
Q. Did Mr. Gilbert say, “I sell for him, but you can’t tell him or no one. They will kill me for sure”?
A. Yes.
Q. Did Mr. Gilbert indicate to you that he would not sign anything?
A. Yes, he refused to sign — well, he didn’t refuse to sign originally. But in the statement you just read regarding killing him, yes, he refused to sign that.
Q. Did Mr. Gilbert indicate that anybody had gotten a delivery that day?
A. Yes.
Q. Did Mr. Gilbert say that he personally had gotten a delivery that day or that another person had gotten a delivery that day?
A. I believe it was another person, not Mr. Gilbert himself.
Q. Did — in the portion of the statement, “I sell for him, but you can’t tell him or no one. They will kill me for sure,” did Mr. Gilbert indicate with any more specificity as to when he sold for the “him”?
A. No.
Q. Did Mr. Gilbert indicate if he had sold for him on one occasion or more than one occasion?
A. No, he did not specify.

Id. at 204-05. The court never gave a limiting instruction telling the jury to consider the statements only as they applied to Gilbert.

The parties also agreed pretrial not to present any evidence concerning the confidential informant upon whose information the search warrant was based. During a hearing, at which Gilbert’s attorney was present, the district court clarified to the government that “[p]robable cause will not be an issue for the jury. The jury shouldn’t hear anything about the basis for the search warrant. All the jury will know is that the officers had a search warrant [899]*899and they had executed it, right?” Yet, at trial, Gilbert’s counsel again flouted the district court’s pretrial decision and elicited testimony that a “reliable” confidential informant told the police officer that May-field was in the apartment when a drug shipment arrived, that Mayfield, but not Gilbert, was listed as a “primary suspect” on the search warrant, but that Gilbert was not listed at all, and that the police officer recognized Mayfield.

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Bluebook (online)
189 F.3d 895, 99 Daily Journal DAR 8919, 99 Cal. Daily Op. Serv. 6971, 1999 U.S. App. LEXIS 20184, 1999 WL 647017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jerry-wayne-mayfield-ca9-1999.